Hon Dee Margetts questions the transparency of groundwater licenses, comparing them to mining licenses. Hon Tom Stephens asserts that a public register exists and more detailed info is available via Freedom of Information, but Margetts disputes this.

AnsweredQoN 214Legislative Council
Asked
19 June 2001
Portfolio
Water Resources

QuestionView source ↗

(1) Given the Government’s stated policy on open and accountable government, can the minister advise when ground water licences and their licence conditions will become public documents? (2) Given the public nature of mining leases and exploration licences and their conditions, how can secrecy continue to be justified for such a basic resource as water? Hon TOM STEPHENS

AnswerView source ↗

I thank the member for some notice of this question. (1) A public register of licence information is maintained by the Water and Rivers Commission under the Rights in Water and Irrigation Act 1914.  The register includes: the name and address of the licence holder; the period of the licence; the volume of water that may be taken; a description of the water resource; details of security interests - for example, mortgages - taken against the licence; details of any convictions of the licence holder against the Act; particulars relating to third parties who have an agreement to operate under the licence; particulars relating to third parties who are supplied with water taken under the licence; and an indication about whether there are current dealings on the licence.  More detailed information, such as licence conditions, is available under the Freedom of Information Act 1992. Hon Dee Margetts:  This is nonsense!  Until now, they have refused to give the names of the licence holders. Several members interjected. The PRESIDENT:  Order, members!  The minister is trying to answer the question. Hon TOM STEPHENS:  Perhaps I did not read this answer clearly enough.  The register includes details of the name and address of the licence holders. (2) As indicated in (1), the allocation of water is a matter of public record.  Furthermore, applications for licences that may have a significant impact are advertised to enable people who will be affected to make a submission to the Water and Rivers Commission. If the member has any concerns that she would like me to relay to the minister, I would be more than happy to do so, and I undertake to have the minister’s response made available to her.
(2) Given the public nature of mining leases and exploration licences and their conditions, how can secrecy continue to be justified for such a basic resource as water? Hon TOM STEPHENS replied: I thank the member for some notice of this question. (1) A public register of licence information is maintained by the Water and Rivers Commission under the Rights in Water and Irrigation Act 1914.  The register includes: the name and address of the licence holder; the period of the licence; the volume of water that may be taken; a description of the water resource; details of security interests - for example, mortgages - taken against the licence; details of any convictions of the licence holder against the Act; particulars relating to third parties who have an agreement to operate under the licence; particulars relating to third parties who are supplied with water taken under the licence; and an indication about whether there are current dealings on the licence.  More detailed information, such as licence conditions, is available under the Freedom of Information Act 1992. Hon Dee Margetts:  This is nonsense!  Until now, they have refused to give the names of the licence holders. Several members interjected. The PRESIDENT:  Order, members!  The minister is trying to answer the question. Hon TOM STEPHENS:  Perhaps I did not read this answer clearly enough.  The register includes details of the name and address of the licence holders. (2) As indicated in (1), the allocation of water is a matter of public record.  Furthermore, applications for licences that may have a significant impact are advertised to enable people who will be affected to make a submission to the Water and Rivers Commission. If the member has any concerns that she would like me to relay to the minister, I would be more than happy to do so, and I undertake to have the minister’s response made available to her.
Hon TOM STEPHENS replied: I thank the member for some notice of this question. (1) A public register of licence information is maintained by the Water and Rivers Commission under the Rights in Water and Irrigation Act 1914.  The register includes: the name and address of the licence holder; the period of the licence; the volume of water that may be taken; a description of the water resource; details of security interests - for example, mortgages - taken against the licence; details of any convictions of the licence holder against the Act; particulars relating to third parties who have an agreement to operate under the licence; particulars relating to third parties who are supplied with water taken under the licence; and an indication about whether there are current dealings on the licence.  More detailed information, such as licence conditions, is available under the Freedom of Information Act 1992. Hon Dee Margetts:  This is nonsense!  Until now, they have refused to give the names of the licence holders. Several members interjected. The PRESIDENT:  Order, members!  The minister is trying to answer the question. Hon TOM STEPHENS:  Perhaps I did not read this answer clearly enough.  The register includes details of the name and address of the licence holders. (2) As indicated in (1), the allocation of water is a matter of public record.  Furthermore, applications for licences that may have a significant impact are advertised to enable people who will be affected to make a submission to the Water and Rivers Commission. If the member has any concerns that she would like me to relay to the minister, I would be more than happy to do so, and I undertake to have the minister’s response made available to her.
I thank the member for some notice of this question. (1) A public register of licence information is maintained by the Water and Rivers Commission under the Rights in Water and Irrigation Act 1914.  The register includes: the name and address of the licence holder; the period of the licence; the volume of water that may be taken; a description of the water resource; details of security interests - for example, mortgages - taken against the licence; details of any convictions of the licence holder against the Act; particulars relating to third parties who have an agreement to operate under the licence; particulars relating to third parties who are supplied with water taken under the licence; and an indication about whether there are current dealings on the licence.  More detailed information, such as licence conditions, is available under the Freedom of Information Act 1992. Hon Dee Margetts:  This is nonsense!  Until now, they have refused to give the names of the licence holders. Several members interjected. The PRESIDENT:  Order, members!  The minister is trying to answer the question. Hon TOM STEPHENS:  Perhaps I did not read this answer clearly enough.  The register includes details of the name and address of the licence holders. (2) As indicated in (1), the allocation of water is a matter of public record.  Furthermore, applications for licences that may have a significant impact are advertised to enable people who will be affected to make a submission to the Water and Rivers Commission. If the member has any concerns that she would like me to relay to the minister, I would be more than happy to do so, and I undertake to have the minister’s response made available to her.
(1) A public register of licence information is maintained by the Water and Rivers Commission under the Rights in Water and Irrigation Act 1914.  The register includes: the name and address of the licence holder; the period of the licence; the volume of water that may be taken; a description of the water resource; details of security interests - for example, mortgages - taken against the licence; details of any convictions of the licence holder against the Act; particulars relating to third parties who have an agreement to operate under the licence; particulars relating to third parties who are supplied with water taken under the licence; and an indication about whether there are current dealings on the licence.  More detailed information, such as licence conditions, is available under the Freedom of Information Act 1992. Hon Dee Margetts:  This is nonsense!  Until now, they have refused to give the names of the licence holders. Several members interjected. The PRESIDENT:  Order, members!  The minister is trying to answer the question. Hon TOM STEPHENS:  Perhaps I did not read this answer clearly enough.  The register includes details of the name and address of the licence holders. (2) As indicated in (1), the allocation of water is a matter of public record.  Furthermore, applications for licences that may have a significant impact are advertised to enable people who will be affected to make a submission to the Water and Rivers Commission. If the member has any concerns that she would like me to relay to the minister, I would be more than happy to do so, and I undertake to have the minister’s response made available to her.
Hon Dee Margetts:  This is nonsense!  Until now, they have refused to give the names of the licence holders. Several members interjected. The PRESIDENT:  Order, members!  The minister is trying to answer the question. Hon TOM STEPHENS:  Perhaps I did not read this answer clearly enough.  The register includes details of the name and address of the licence holders. (2) As indicated in (1), the allocation of water is a matter of public record.  Furthermore, applications for licences that may have a significant impact are advertised to enable people who will be affected to make a submission to the Water and Rivers Commission. If the member has any concerns that she would like me to relay to the minister, I would be more than happy to do so, and I undertake to have the minister’s response made available to her.
Several members interjected. The PRESIDENT:  Order, members!  The minister is trying to answer the question. Hon TOM STEPHENS:  Perhaps I did not read this answer clearly enough.  The register includes details of the name and address of the licence holders. (2) As indicated in (1), the allocation of water is a matter of public record.  Furthermore, applications for licences that may have a significant impact are advertised to enable people who will be affected to make a submission to the Water and Rivers Commission. If the member has any concerns that she would like me to relay to the minister, I would be more than happy to do so, and I undertake to have the minister’s response made available to her.
The PRESIDENT:  Order, members!  The minister is trying to answer the question. Hon TOM STEPHENS:  Perhaps I did not read this answer clearly enough.  The register includes details of the name and address of the licence holders. (2) As indicated in (1), the allocation of water is a matter of public record.  Furthermore, applications for licences that may have a significant impact are advertised to enable people who will be affected to make a submission to the Water and Rivers Commission. If the member has any concerns that she would like me to relay to the minister, I would be more than happy to do so, and I undertake to have the minister’s response made available to her.
Hon TOM STEPHENS:  Perhaps I did not read this answer clearly enough.  The register includes details of the name and address of the licence holders. (2) As indicated in (1), the allocation of water is a matter of public record.  Furthermore, applications for licences that may have a significant impact are advertised to enable people who will be affected to make a submission to the Water and Rivers Commission. If the member has any concerns that she would like me to relay to the minister, I would be more than happy to do so, and I undertake to have the minister’s response made available to her.
(2) As indicated in (1), the allocation of water is a matter of public record.  Furthermore, applications for licences that may have a significant impact are advertised to enable people who will be affected to make a submission to the Water and Rivers Commission. If the member has any concerns that she would like me to relay to the minister, I would be more than happy to do so, and I undertake to have the minister’s response made available to her.
If the member has any concerns that she would like me to relay to the minister, I would be more than happy to do so, and I undertake to have the minister’s response made available to her.

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